All About Bail


According to Black’s Law Dictionary, what is thought to be bail is to “obtain a person’s release from custody, by making him or her appear immediately and in a fair manner and presenting himself or herself to the law and the judiciary.” Bail is widely used to provide for the release of a defendant, in his or her provision of security that will ensure his or her presence in court or other jurisdiction where necessary.


Bail, by law, means the acquisition of the release from prison of a person awaiting trial or appeal, by filing a security deposit to ensure his or her timely submission to the legal authorities. The amount of security money, also called bail, or, more accurately, bail, is determined by the court having jurisdiction over the prisoner. Security may be money, documents providing the title of the asset, or the liability of private road users or a corporate company or responsible company. The failure of a person released on bail to give up on time leads to a loss of security. The lexicon law defines bail as a protection against the appearance of a suspect who is being released pending trial or investigation.[1]

Courts have a keen understanding of granting or denying bail in the case of a criminal convict, e.g., it is often rejected when a suspect is charged with murder.

The bail application is to “obtain the release of a person from an official custody, by making him or her appear in a specified time and place and presenting himself or herself to law and order.”

In the words of Krishna Iyer J. .. the subject of bail: – “

 ….. belongs to the dark side of the criminal justice system and in particular adheres to the bench press, otherwise known as legal comprehension. The code is hidden in this article and the Court would like to disagree with it, whether it is an order keeper or not. Again, this issue is one of freedom, justice, social security and the burden of public money all of which emphasizes that important bail law is in line with the legal process involved in society. “

Release on bail is therefore essential for the respondent as the results of pre-trial detention are provided. If bail is denied to the recipients it could mean that even though he or she is considered innocent until proven guilty, there is no doubt that he or she could face psychological and physical harm in prison. Accessible prison loses employment and is barred from contributing effectively to the preparation of its defense.

So when there is no risk involved in the release of a prisoner it can be cruel and inappropriate, denying him bail. The bail law “must distinguish two conflicting interests, namely, on the one hand, the public’s need for protection from the risk of exposure to the alleged misconduct of the perpetrator; on the other hand, the importance of a criminal record is considered.

To achieve the above objective, the Legislature has, in its discretion, provided specific indications for granting or granting bail.

Why Bail-

Before determining the location of bail within the human rights framework as provided for in the Constitution, it is important that you examine the substance and definition of bail, so that in analyzing these fundamentals and changes they can bring about change.[2] Detention of the accused person is primarily to protect his or her identity during the trial and is available for sentencing, if found guilty. If his presence in the case could be confirmed otherwise without his arrest or detention, it would be unfair to deprive the accused of his freedom while writing.

Bail in three cases-

 Bailable offence – When any person accused of a crime is arrested or detained without a warrant by the police officer in charge of the police station, or appears or is brought to court. that officer or at any stage of the proceedings before that court to grant bail, that person will be released on bail.

In the event that bail is available it is a matter of entitlement. If that officer or Court, thinks it is appropriate that the person may be released on bail without certainty. In the event of a conviction, the person must only apply for bail bonds and no application is required. A case that is found means a crime that is made available by law at the time it applies. The charges are those where the accused is concerned with the right to be released on bail as in the case of Section 147: Cheating, Section 171: Bribery, Section 312: Causes of serious misconduct, section 325: Deliberately causes serious harm, section 500: Blasphemy, Section 417: Cheating etc.

Non-bailable offence – If a person is convicted of an undisclosed offense it is a matter of deciding whether or not to grant bail and an application must be made to the court to grant bail.

1. Where a suspect, or suspect, is the commission of any offense not to be arrested or detained without warrant by the officer in charge of the police station or to appear or be brought before the Court outside the High Court or the Court. of the Session, may be released on bail, however

i. That person will not be released if there are compelling reasons to believe that he or she is guilty of a death sentence or imprisonment for life;

ii. That person will not be released if such a crime is a trivial matter and he or she has been convicted of a death sentence, life imprisonment or imprisonment for seven years or more, or has been convicted twice or more times for an unknown and tangible offense:

 Provided that the Court may order that the person referred to in subsection (i) or subsection (ii) as above, be released on bail if that person is under the age of sixteen years or is a woman or is ill or ill:

Unless the Court may further order that a person referred to in subsection (ii) be released on bail if he or she is satisfied that he or she is fit and proper to do any special reason:

 Given that the fact that the respondent may need to be identified by witnesses during the investigation will not be sufficient to refuse bail if he or she has the right to be released on bail and has promised to do so. as may be issued by the Court.

2. Whether it appears to that officer or the Court at any stage of the investigation; investigation or trial, as the case may be, that there are no compelling reasons to believe that a suspect has committed an undisclosed crime, but that there are sufficient grounds to inquire about his case, the accused must, subject to the provisions of section 446-A and Court, when he was executed by a bond without proof of its origin as given earlier.

3. When a person is suing or accusing the commission of an offense punishable by imprisonment for up to seven years or more or a charge under Chapter 6, Chapter 16 or Chapter 17 of the Indian Penal Code (45 of 1860) or harassment, or conspiracy or attempted act, any in such a case, he is released on bail under subsection (!), the Court may impose any conditions that the Court deems fit-

a. to ensure that such person shall comply with the terms of the obligation made under this Chapter, or

b. To be sure that the person will not commit the same offense as the accused.

c. Otherwise for the purposes of justice.

4. An officer or Court releasing any person on bail under subsection (1) or subsection (2), shall record in writing his or her reasons or special reasons for doing so.

5. Any Court, which has granted bail to a person under subsection (1) or subsection (2), if it deems it necessary to do so, order that person be arrested and remanded in custody.

 6. If, in any magistrate’s intervention, the case of the accused person is not found within 60 days from the first date set to give evidence in that case, that person, if arrested during the period specified, shall be released on bail to the satisfaction of the Magistrate, unless in writing, the Magistrate ordered otherwise.

If, at any time after the end of the trial of the accused in a case not found and before the verdict is given, the Court is of the opinion that there is good reason to believe that the accused is not guilty in any of those cases. Release the suspect if he is arrested, when he is killed by a bond without the assurance that his appearance will be heard.

Anticipatory Bail – Section 438 of the Criminal Procedure Code deals with Waiting Bail This provision allows a person to apply for bail pending arrest on suspicion of a crime other than his or her own bail. It is a bail signal, issued even before that person is arrested. The object of the arrest and detention of the suspect is primarily to protect his or her appearance during the trial and to ensure that if found guilty he or she is found guilty. If his presence in the case were confirmed otherwise than his arrest and detention, it would be unfair and unjust to deprive the defendant of his right during the criminal trial against him. The provisions relating to the release of a suspect on bail are intended to ensure that there is a suspect in his or her case but without compromising his or her freedom.

Judgment Status-

The analysis of the following cases highlights the plight of the poor in relation to the wrong bail system in India. In the State of Rajasthan v Balchand[3], the suspect has been convicted by a court of law. As he continued his appeal to the Supreme Court, he was released. The State continued to appeal the case to the Hon’ble High Court under Art. 136 of the Constitution on special request for leave. Defendant was instructed to surrender by the court. He then applied for bail. It was the first time that Justice Krishna Iyer had raised his voice against the unfair treatment of bail. He said although the artists’ bail system was holding us back, it was time to rethink. In many cases, it is possible to get something done.[4]

In Moti Ram and Ors. v State of M.P[5], a suspect who was a poor observer was found guilty. The high court handed down a brief order to the Chief Justice to raise him on bail, without specifying the bonds, bonds and so on. CJM took full authority on the matter with Rs. 10,000 as a guarantee and bond and he also refused to allow his brother to be a pledge as his property was also in a joint village. The MR also continued to appeal to the high court and Justice Krishna Iyer condemned the CJM’s action, saying the judges should be inclined to bail and not jail.

In Maneka Gandhi v Union of India[6], Justice Krishna Iyer also spoke out against the unfair bail system that existed in India. No bail description is provided for the code, although cases are classified as available and not available. In addition, Justice P N Bhagwati also pointed out how the bail system is unfair or discriminatory in view of the economic nature of discrimination.


It is indisputable that an unnecessarily prolonged detention in prison of under trials before being brought to trial is an affront to all civilized norms of human liberty and any meaningful concept of individual liberty which forms the bedrock of a civilized legal system must view with distress patently long periods of imprisonment before persons awaiting trial can receive the attention of the administration of justice. Thus the law of bails must continue to allow for sufficient discretion, in all cases, to prevent a miscarriage of justice and to give way to the humanization of criminal justice system and to sensitize the same to the needs of those who must otherwise be condemned to languish in prisons for no more fault other than their inability to pay for legal counsel to advise them on bail matters or to furnish the bail amount itself.



[3] AIR 1977 SC 2447


[5] AIR 1978 SC 1594

[6] AIR 1978 SC 571

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